30
-_-t I I I E ATT-T INDIA ! i5.5()0 ,fia uqi FIVE HUNDRED RUPEES Rs. 500 I 6 H-fl'tqqqi tN=DJA NS.U# Dtct AL M \$}J YET{II ORISSA tg ts E 855898 AGREEMENT This agreement made this 9th day of November 2018 between the Government of the State of Odisha represented by the Mission Oirector, National Health Mission, Odisha (hereinafter called "the Government" which expression shall, where the context so admits, be deemed to include his/her successors in office and assignee) of the one part AND M/s. Ziqitza Health Care Ltd., a limited company and having its registered office at o]^l B,4th Floor, Niranjan Building, 99 Marine Drive, Mumbai-400002 (hereinafter called "the Service Provider" which expression shall, where the context so admits, be deemed to include its heirs, successors, executors and administrators) of the other part. F Whereas the service provider has agreed with the Government to implement "lntegrated Patient Transport and Health Helpline Service" (IPTHHS) (hereinafter called "the Project") in the State of Odisha in the manner set forth in the terms of the Request for Proposal (RFP), Corrigendum and $ Standard Operating Procedure (SOP) issued or to be issued and as amended from time to time for the said service; E - And whereas the Service Provider has deposited a sum of Rs. 8,80,00,000/- (Rupees Eitht Crore g Eighty Lakhs only), in the form of Bank Guarantee No. 8965188G000390, having validity from 09.11.2018 to 08.11.2019 issued form State Bank of lndia having branch at Bhubaneswar, before p signing of this agreement towards performance security deposit. However, the service provider has agreed to renew the BG in time before expiry of the validity and upto 2 months beyond the fi date of expiry of contract period. g I E ts ll E I B ! E 0*- EO cAit tlD, ,^r* tnrk"rr, ilHrrt.0DtsHA HAr.W.Ddptr.,aBSR E o 5 5 5 o05 c) c)5 C) C' 5 o ( -i F l.

RUPEES ,fia Rs. tN=DJA NS.U# - nrhmorissa.gov.in · 8,80,00,000/- (Rupees Eitht Crore g Eighty Lakhs only), in the form of Bank Guarantee No. 8965188G000390, having validity from

  • Upload
    others

  • View
    16

  • Download
    0

Embed Size (px)

Citation preview

-_-t

I

I

I

E

ATT-T INDIA

!

i5.5()0

,fia uqi

FIVE HUNDREDRUPEES

Rs. 500I6

H-fl'tqqqi

tN=DJA NS.U# DtctALM \$}J

YET{II ORISSAtgts

E 855898

AGREEMENT

This agreement made this 9th day of November 2018 between the Government of the State ofOdisha represented by the Mission Oirector, National Health Mission, Odisha (hereinafter

called "the Government" which expression shall, where the context so admits, be deemed toinclude his/her successors in office and assignee) of the one part AND M/s. Ziqitza Health Care

Ltd., a limited company and having its registered office at o]^l B,4th Floor, Niranjan Building,

99 Marine Drive, Mumbai-400002 (hereinafter called "the Service Provider" which expression

shall, where the context so admits, be deemed to include its heirs, successors, executors and

administrators) of the other part.

F Whereas the service provider has agreed with the Government to implement "lntegrated Patient

Transport and Health Helpline Service" (IPTHHS) (hereinafter called "the Project") in the State ofOdisha in the manner set forth in the terms of the Request for Proposal (RFP), Corrigendum and

$ Standard Operating Procedure (SOP) issued or to be issued and as amended from time to time

for the said service;

E- And whereas the Service Provider has deposited a sum of Rs. 8,80,00,000/- (Rupees Eitht Crore

g Eighty Lakhs only), in the form of Bank Guarantee No. 8965188G000390, having validity from09.11.2018 to 08.11.2019 issued form State Bank of lndia having branch at Bhubaneswar, before

p signing of this agreement towards performance security deposit. However, the service provider

has agreed to renew the BG in time before expiry of the validity and upto 2 months beyond the

fi date of expiry of contract period.

g

I

E

ts

llE

I

B

!

E 0*-

EOcAit tlD,

,^r* tnrk"rr,ilHrrt.0DtsHA

HAr.W.Ddptr.,aBSR

E

o 555o05c) c)5 C)C' 5 o (

-iF

l.

t4t r(z-

'ltty."^

)4, /f'-q' 3..---

- rat2-- /{/<-/44-

"s"(\

S

?,,-L9"/^ Ci!\L

s$P

tI

I

o06rl*E,' oDrsHA! 1. Now these present witnesses and the parties hereto hereby agree as follows: -

K 038384

(a) The service provider shall be paid on monthly basis at the rate and in the mannermentioned below towards operation and maintenance cost of different services underth is project: -

i) Basic Life Support Ambulances (BLS): Rs.24.98 per KM run

ii) Advance Life Support Ambulances (ALS): Rs.24.98 per KM run

iii)Boat Ambulance: Rs.1,25,000.00 Per month per Ambulance

iv) ReferralTransport (102 Ambulance): Rs.17.40 per KM run

v) cR & Health Helpline for Doctor: Rs.1,00,000.00 per Seat /Shift/per Month

vi)GR & Health Helpline for Non-Doctor: Rs.10,000.00 per Seat /Shift/per Month

(b) ln consideration of the payment to be made by the Government, as above, the serviceprovider shall duly implement the project in the manner as agreed on the Request forProposal (RFP) and standard operating procedure (sop) to be finalized and shall formpart of this agreement.

(c) Following docu m ents/correspon dence undertaken between the parties shall also formpart of th is agreement-

The Government of Odisha The Service Provider1. RFP with reference No.

osH&FWS/o1.2018/ tpTHHS floated videopen advertisement No.25/18, datedloth July 2018 (Annexure-A)

2 ndum to the RFP document

1. Bid Document2. Acceptance of award by CEO, M/s.

Ziqitza Health Care Ltd., vide LetterNo. ZHL /OEMAS / 2Ot8-19 / 3094,dated 05.11.2018 (Annexure-D )

I

IF2:!:EF-

au I

I

I

I

I

I

I

I

I

hiI

I

I0

I

$ul{lAl

[fl

) ) )

l I l

0 2

''l-t1

D

11

1

=

I OO.l OOI O()1 GI:t 001 00 1 0(}-io1 c)cr-t c

-t(((

:;oflr ooo1 00o-t oo-to-| 11

11

,r"hrtat

$ffis-$,$*S*rx rf,/ttl

a g r, lh

<-dv

-2, 0-VC

r\

I

at,

'1.

tr' :.

e6ot K 038385

2. Period of Engagement

The Service Provider will be engaged initially for a period of 5 years from the date ofsigning of the Contract, which may further be extended by a maximum period of 1 year by

the Government, subject to satisfactory performance and on the same terms and

conditions of the contract. However, detailed provision for modification or termination

from the contract and related liabilities and penalties are stated in subsequent paras.

3. Consideration

(a) The payment shall be made by the Government only if the service provider shall dulyimplement the project in the manner aforesaid, observe and keep the said terms andcond itions.

I

IE-r*=E I

{s4.f;xB I

,!

I

I

I

I

I

I

I

l

r'I

I

n

L

4*;__ 7i'"5!12.4Htr,NDR

irct

Rs.t

ED.RUPEE15. 100(* nr)

ONE

100xFsaD s

oo1-l-t1 11

oooo1-l ljJ

0-l dO-'..-..--

OO.l OA:!+J) il

rgt{qr-r1 001 00

I N D I A g g zr-q'-3-3;'S$ r,'tooi oo-l ool (Jooo't oo1001 (3

published in the Newspaper videadvertisement No.31/18, dated 2"d

August 2018 subsequent to the pre-bidconference (Annexure-B)

3. Award of contract to M/s. Ziqitza HealthCare Ltd. vide letter No. 14369, dated03.11.L8 (Annexure-C)

4. Standard Operating Procedure andProtocols once finalized willautomatically form part of thisagreement.

*rmgrt(b) The mode of payment shall be as specified below:

J

l Aa-t

t)N

,\

..=

o

F

4

w

(l t'-t c

I

Ylrr<

2"1,'./ f.J/rr*

^fi,t0'*'

2 rdrza- ./ \$

.tloS

,r&rrn

47---

,

a

eGatleilBYntU

oDIsHA K O3B3B5Financing of the project shall be on fixed rate reimbursement basis in accordance withthe provision of the agreement. Claims or reimbursements for operational expenditureshall be payable on monthly basis on submission of statement of claim and invoice

along with supporting documents by the Service Provider. Monthly payment ofAmbulance Services under EMAS (108) and RTS (102) shall be based on actual

kilometers run as supported by GPS tracking reports or based on Odometer reading

from EDS, whichever is lesser. Odometer reading from EDS shall be considered only in

exceptional circumstances where the variation in distance covered (kilometer run) in a

trip between odometer reading and GPS tracking report is more than 10% due todefunct in GPS device during the course of the trip and which shall be limited tomaximum 2% of the total cases completed in a month across the fleet, to be calculated

separately for 102 and 108 ambulance services.

(ii) Payment towards Boat Ambulances Services shall be on fixed monthly contracted rate.

Payment towards 1O4-Health Helpline Service shall be on per seat/shift basis. Penalty,

if any, shall be imposed on non-compliance of performance parameters.

(iii) The payment against all copitol expenditure incurred by Service Provider (Where it is

to be borne by the Government) shall be released upon the procurement and

satisfactory commissioning of assets and upon declaration of such capital assets as the

properties of the State Government.

(iv) Advance financing towards procurement of capital asset: The Service Provider, shall

be provided advance, if required, only towards procurement of capital asset

(i.e.CAPEX) under the project against 100% Bank Guarantee separately (other than

I

l

F-= I

TES )#Y,E>5 IU'r

I

I

I

I

I

I

I

fior

II

I

nuuEAl

,;

'i .: '

ntl I

lrcil

f

-

o(-,,oo1

oo-t ooo.l ool oo.t oo

., )

,ti

Vlqts-

/,rl 0,,/

Y, rl'

/tNCIIiL

\.1,

2'F +-1,,-

u

Rs. 100-rr- ONE ,; .-15. 100 HUNDRED RUPEESit

I

e6orbfrEm

*ooroo-*r ocr"l oo-5 0()1 0c

IAENT@[Nffi

o<-60ICIAL oa

I

I

Ffitsqqt

rf,fg'Cn$lNE'l:/N I Ot.,ooo-tlr't 88+ 8rool o( D o

:h

U

t

I

I

i=E ){eWf;gt r

E'E' !

I

I

I

I

!

4. Operational Parameter and Penalty Clauses

As per the RFP

5. Quantification of Penalty

ln addition to the recourses available under RFP for termination or suspension ofagreement and forfeiture of performance security, wherever applicable, the serviceprovider shall be liable for penalty for non-performance or non-compliance of the termsand conditions as set out in the RFP document, which includes and not limited to-

(i) lmplementationtimeline(ii) Average Response Time

(iii) Eligible Call Attended(iv) off Road

(v) Minimum number of cases and Kilometer per day per ambulance

(vi) Default found during periodic inspection

(vii) Premature termination or suo-moto abandonment by the service provider

(viii) Call Centre downtime, Average Calls attended by each call taker, Availability of Call

taker (for Grievance Redressal & Health Advice Helpline (104))

(ix) Call Centre Service level TargetI

IT.IDAI

r)I

-t oooo-l1oo1001 I rr:t oo

rE

E

ODISHA K 038387performance security). Advance financing towards CAPEX shall be limited to of Rs

15.00 crores at any given point time. This advance shall be adjusted against claim forCAPEX. While requesting for advance financing, service provider shall produce

sufficient evidence justifying the CAPEX requirement.

v\q7?

/ct-'

V, rm*/

),7-t-z--a--:*

kl P-ASrttP

,11

.t,

i -.'''- t

l r. ^.tl d.\...ri

rrd{tswt

*Tfg'Gil

a5T-a

1il

=1!

tIa s 00

iN

IR 0sE ilN0 J T

uIt DN ER E R Plr,

ooooolj

o 11ooo -l

Ioo oroEit=j(ro.l oo"r ool oooct.t ool oo1 0E

oc)

NE)1111

o<,oo1111

( ( !8?38o,'8"'38WI OO"r O(,

o-t oo.t oo1

e6albiQvn oDIsHA K 038388

5. Arbitration

(c) The parties agree that any decision for Award of any Arbitral Tribunal pursuant to this

clause shall be a domestic award and final, conclusive and binding upon the parties and

any person affected by it. The parties also agree that any court of competent jurisdiction

may enforce any arbitration award rendered pursuant to this clause.

(d) During any period of arbitration, there shall be no suspension of this Agreement.

(e) The parties specifically agree that any arbitration shall be pursuant to clause above and

lndian Law governs the clause.

I

I

E#)H$g ;

n

I

rI

I

st8Al

) )

-n

D l lI

q1

=

ffi8

(a) Any unresolved dispute or difference whatsoever arising between the parties to this

Agreement out of or in relation to the construction, meaning, scope, operation or effect

of this Agreement or the validity of the breach thereof shall be referred to a sole

Arbitrator to be appointed by the Secretary to Government, Department of Health and

Family Welfare, Government of Odisha. The provisions of the Arbitration and Conciliation

Act, 1996 will be applicable and the award made thereunder shall be final and binding

upon the parties hereto, subject to legal remedies available under the law. Such

differences shall be deemed to be a submission to arbitration under the lndian Arbitration

and Conciliation Act, 1996, or of any modifications, Rules or reenactments thereof.

(b) The arbitration shall be conducted in Bhubaneswar, Odisha, lndia. The arbitration shall be

conducted in English and all written documents used during the arbitration shall be in

English. The Award shall be speaking Award.

I

I

I

lI

iijr *'.,14. lo'c&-

2'a;>+- rZ

$s$PBhuban

Vtrvl

b"^z

Lf-:',

"tr\ ,fi

kt pd ',OCt\$[ f !rr'!

- / 't'..i" '-'t).'

,t rj.

]ri

0

t

e6ouairBsn oDrsHA' 7.'Force Majeure

(a) This being an emergency response service, the Agency shall not be allowed to suspend or

discontinue the service during occurrences of Force Majeure events. A suspension of or

failure to provide service on the occurrence of a Force Majeure event will be an Event ofDefault unless the Force Majeure event is of such nature that it completely prevents the

operation of ambulances for any reason in any area.

(b) The failure of Service Provider to fulfill any of its obligations under the agreement shall

not be considered to be a default in so far as such inability arises from an event of Force

Majeure, provided that the party affected by such an event:

(i) Has taken all reasonable precautions, due care and reasonable alternative

measures in order to carry out the terms and conditions of the agreement, and

(ii) Has informed the other party as soon as possible about the occurrence of such an

event.

(c) lf Performance Standards are not complied because of any major breakdown to

ambulance vehicles or any of the Pro.iect Facilities or non- availability of project staff, or

inability to provide services in accordance with the Performance Standards as a direct

consequence of such Force Majeure Events then no penalty shall be applicable for the

relevant default in Performance Standards.

(d) Government agrees to reimburse the cost of repair or replacement of any ambulance or

equipment, owned by State Government, which is damaged as a direct consequence of a

I

!

*-= r

#?kfsH !

E'T' !

I

I

LT&

I

I

I

I

IC

Ft

fE

1",

A

II

$UMBA\

))

ft

D I,

N E l

IlE

0 I

11-l TIl!/

s a\

Etr

oo1()0-r oo1oo-t oo.lI

t

oo-t1oo

K 038389

Vl ut\a---

4..,,.

24, ta-k

2,&t ^

.r$

|,16

r-

s--d

2

D/t ^tr0()

.1

f

efierhsiftYn SDISHA K 038390' n ' Force Majeure event, to the extent that such cost was not covered by the relevant

I insurance policies that were obtained by the Service Provider.

I

$rF

(e) On the occurrence of any Force Majeure Events or implementation of any disaster

management operations or law and order emergencies, Government may give

instructions to the Service Provider including requiring deployment of certain number ofAmbulances in specific locations, in such circumstances, the Service Provider shall comply

with such instructions and will be excused from adherence to relevant performance

stand ards.

8. Monitorint and Evaluation

(a) There shall be following committees with defined role and responsibility to ensure

smooth implementation, operation and monitoring of the project;

i) State Steering Committee

ii) State Procurement Committee

iii) State Management Committee

iv) District Level Monitoring Committee

(b) Service Provider shall provide access to online data to facilitate online monitoring on a

continuous basis. Service Provider shall also give login rights to the designated officials ofNHM and Department for online monitoring and evaluation. Service Provider shall also

provide hardware and software, if required, at the office of MD, NHM for online

monitoring of the services.

:t

i'.Doo !

I

I

I

I

I

I

I

t

6F

TUilAI

) )

rl ft

Da I a t0 Itr

I[nLY

I Il

!

N8

ooMoorll)Cr'l

1 cro"l oooo1 1 1oooo oo

C)o(-'oC)

D

yt

)

I

't ooroo-r oo.l oo't-t oo-t oo1o

Vlrt,

ff/,",/ n", t

27.td'j{

22'-&t>- *"$

T

ii*ir;i"i'u''r"'"

I

ffi

111

't1-t

il=ot:,l oo''- -.-- 'ssHlF,l$ ool oo"t oo1 c,fi ooi oo'r oolooooooo-|

15. 100

il L!

o 11o ooo 1o

€qa

IPEUll DN ER HE El,i,

oooo I

0

INPIAB

B

Rs,.,.JONE ,;

-.. :':

::}:> j'- 1 Ol.l-t d.,Fr)l ool oo1o(,tffi,r oo 1 oo-t oolo$

i=F ;gez4E#$ r

(d) Government reserves the right to evaluate the performance of the Service Provider as

well as the project annually by a third party.

9. Schedule of lmplementation of the Project

(b\ 24x7 Referral Transport System (102-Ambulance) is being operated through a Centralized

Call Centre managed and run by an Agency selected through a competitive bidding

process. This service is presently available across the state and can be availed dialing a toll

free three digit number " 7O7" from anywhere in the state. The incoming Service Provider

is required to takeover operationalize the service across all districts within six months

from signing of the Contract. The Agency hos to either procure or hire the vehicle from the

third porty for RTS of desired specificotion. Government sholl not incur ony cost towords

the cost of the Vehicle under RTS. However, oll the services sholl be controlled ond

operoted form the centrolized coll centre owned ond funded by Government of Odisho foavoid disruption to the present operation, Service Provider shall develop a transition plan

I

I

,l/t

) J

D llEF

TIt4 1

Ifi

06On*Eyn oDIsHA K 0383e'l(C) The services and records of the service shall be subject to inspection by designated

I office(s) of Department/NHM.

(a) EMAS (108 Ambulance) is operational since May 2013 and managed by an Agency

selected through a competitive bidding process. The winning bidder has to start and

operationalize the services across all districts within 5 months from the date of signing ofthe Contract without any interruptions to the current operations. Government shall

facilitate handover of all the assets including lT and hardware infrastructure to the

winning bidder as per the transition plan finalised in consultation with the department.

t

I

I

I

I

t\

'rE

Vl q 1r,

\C

fu/ rgoh,"r aIBAR

sNP r.1lt&\'u'

4, l0'.-v

7al+-tr,a$

pl

.-- -.1 .,.

I

,} -

il

rmt

!,

Rs.igiffi to-Algl 10B

-15. 10Iil

(ro.l oo.t oo1oo1 oo100\oo-I

E-PE EIJll EDRN UR

o1o1o -t-l

ONE

t- 11

+TT-T INDI ruq:#"trj-i'sg

E=Eg3:f;EA'E"q

eQOrpfrEyn oDrsHA K 0383i2' and finalise the same in consultation with the department. The implementation should be

, completed within six months of signing the Contract.

(c) Department is in the process of acquisition of six Boat Ambulances. Which shall be made

operational in six locations. Boat Ambulances shall also be handed over to the incoming

Agency for its operation and management.

(d) Health Helpline Services is presently operational through a centralized call centre owned

and managed by the same Service Provider running 24x7 Referral Transport System (i.e.

102 Ambulance) under the same contract. The incoming Service Provider shall establish

the Helpline Call Centre as part of the Centralised Call Centre and make it operational

within 6 (six) months form signing of the contract.

(e) The new Agency (Winning Bidder) shall expand the capacity of the existing facility of the

Government at IDCO Tower, Bhubaneswar and develop an integrated enhanced

Centralized Call Centre and Control Room facility to accommodate both 24x7 RTS (102

Ambulance) and Health Helpline Service (10a) in addition to existing EMAS (108

Ambulance Service).

10. Termination or Suspension of Agreement

(a) The Government may, by a notice in writing suspend the agreement, for a period as

decided by the Government (but for a maximum period of 6 months), if the service

provider fails to perform any of his obligations including carrying out the services,

provided that such notice of suspension:

I

&I

I

I

E

I

I

I

I

I

I

I

I

TUTIBAT

) )

l I I11

D

t

1

Vt u.e1 >n,// '<- a'$

$.

,Lt'-

,,s.t}#flfrkt

/''t?'

fu*l M

2a**

.:.. . \

rfitrqn

HU

tRs.

-15. 100

t1 0

-;

EPf,ffi

Eti,

II fqTT-I N H't oo ocoo1o<,'loc) IE)Ioo 1oo 'too o'l oo 1ooo-l1 -l

1't11

-t-t-t-l

I

ool oool oo.|

ONE

NDRED.R

ooct{ C)Ct too

eGeursfriBvn oDrsHA' | (i) Shall specify the nature of failure, andK 038393

(ii) Shall request remedy of such failure within a period not exceeding 15 days afterthe receipt of such notice.

(b) ln case of suspension, Government could depute its officer(s) at the Call Center/Office ofService Provider at Bhubaneswar to oversee and manage the operations of the project.

All operations of the project shall then be handled by the person nel/officials, so deputed,

to address the issue(s). During the suspension period, Service Provider shall have no right

to intervene in the operation and management of the project. Once issues are addressed/

resolved, it shall be handed back to the Service Provider. ln case of taking over of the

operations, Government shall not be liable for any loss incurred by Service Provider

during and after the suspension period.

(c) During the suspension period, Government reserves the right to terminate the agreement

by giving 30 days notice period.

(d) The Government after giving 30 days clear notice in writing, expressing the intension oftermination by stating the ground/grounds on the happening of any of the events (i) to(iv), may terminate the agreement after giving reasonable opportunity of being heard to

the service provid er.

(i) lf the service provider does not remedy a failure in the performance of his obligationswithin 15 days of receipt of notice or within such further period as the Governmentmay subsequently approve in writing.

I

!

t

I

I

I

*2I

) )J

Ic ,-

i

i ID

-l

=

t

t

tF

I

I

I

I

I

I

I

\l .,/ 14.t2'f{ .hv

"$'

/tr- D-{ o'51

2-<a"r>-<

t^

tff.ffi*::t";

III

si5qa RS

111

o1 (t o

RE

oo1 ooINDI 01 001101010-to

1 0

o) (

oooI o1<)

i\Hl

t5. 1tr

eGarbfrEfi.oDISHA K 0383e'1. ' (li) lf the service provider becomes insolvent or bankrupt.I- (iii) lf, as a result of force majeure, service provider is unable to perform a materialI portion ofthe services for a period of more than 60 days: or

(iv) lf, in the judgment of the Government, the service provider is engaged in corrupt orfraudulent practices in implementation of the project.

(e) ln the event of premature termination of the contract by the Government on theinstances other than non-fu lfillment/ non-performance of the contractual obligation bythe Service Provider, the balance remaining un-paid amount on account of capital

expenditure as on the day of termination shall be released within six months from thedate of such termination.

(f) Government reserves the ri8ht to partially terminate (one or more services) the contract.

(g) ln case of premature termination or suo-moto abandonment of the contract/project by

the service provider, the service provider shall be penalized for the default. While

applying this penalty, in addition to the forfeiture of the performance security, theGovernment may appropriate towards the penalty, the balance remaining unpaid on

account of capital expenditure as on the day of suo-moto abandonment by the service

provider to recover the damage sustained due to abandonment.

(h) ln case of termination, Service Provider will continue operations on existing terms and

conditions till a maximum period of six months from the date of termination or date ofhanding over of complete operations including assets to a new Agency whichever is

N

Ii2l*il(:-*.8{tF;;crrE>v

as(}o

:

I)i

t

$uMBAl

J )t

I too1 00

c) -t oo1

\

oo100'-

I ITgiE

a

c{

i

I

I

I

I

!

\t Y*t >4. l/' K

2--r'qVz,,-

,zg ,S*

\s\

/t ,- F*

t

)

'LJ

re

eAdrbf,GenoDrsHA K 038395- ; -" r

- -- t ' earlien AII aisEtance should be provided by the existing service provider in handing overt

of all assets, licenses, and right to use the software etc. to new vendor without any extra

I cost to the Government as per directions of TlA.

*-E j

V=WEra !

E

7

I

I

E

I

,

I

11. Forfeiture of security Deposit

The security deposit is for due performance ofthe agreement. The Government in thefollowing circumstances can forfeit it: -

(i) When any terms or conditions of the agreement are violated/ infringed.

(ii) When the service provider fails in providing the services satisfactorily.

12. Modifications

Modifications in terms of reference including scope of the services can only be made by

written consent of both the parties. However, basic conditions (such as contracted rates

and those conditions which materially affect the contract), of the agreement shall not be

modified.

13. Saving Clauses

ln the absence of any specific provision in the agreement on any issue the guidelines

issued/to be issued by the Mission Director, NHM, Government of Odisha shall be

applicable.

{N

Ia

n

!

I

IE

1-l1

-t1-l

a

I

-l1

-l11

!I

10

1()0t 1 0(,'r o(J:,ool oo.l af,o"l i oo1 001001 00o-t oo-t oo1 oooo.t oo-t oo.t oo- ol&# 1 o1 oo

?

fr

oc)q(_)C)a)

E

-ffi

S ,i i\

T

C) ooc)c)

a

L

r!tt

I

I)

l

nl, l

\tY *

,/-(.,-w

>1. t0 tY /dv>--.--

s"

2zXn-.,:.

it'.. "

e0o lrrcur oDrsHA,

14. Settlement of DisputeK 038395

lf any dispute with regard to the interpretation, difference or objection whatsoever arises

in connection with or arises out of the agreement, or the meaning of any part thereof, oron the rights, duties or liabilities of any party, the same shall be referred to the State

Level Steering Committee) for decision. lf the Service Provider is not satisfied with the

decision of State Level Steering Committee, they may proceed for arbitration.

15. Commencement of Service

(a) The Service Provider shall commence the service only after the issue of the Letter ofCommencement by the Department allowing the Service Provider to commence activities

envisaged under the RFP. Letter of Commencement shall be issued subject to following

conformations:

(i) Control Room and all infrastructures are and complete in all respect as per the

terms and conditions mentions in this RFP.

(ii) Ambulances and control room are equipped and furnished in all respect.

(iii)All statutory requirements essential and necessary under different statute to run

the service have been complied.

(b) The Service Provider shall commence the service as per schedule of implementation

mentioned in RFP from the date of signing of the Agreement. lf the Agency fails to

commence the service as specified herein, the Government may, unless it consents to the

extension of time thereof, forfeit the Performance Security and appropriate the same.

I

I

i=E ,

{aeEErn:

t

I

I

I

t

I

I

I

I

I

r

) )

t-lI I

aI

I

t

.l'io.

"Qtlr; >1, /z'-Y

7*t-za-*

/t-r- P,{

4o

,i cr

i[n^P'

-'-rCO

eOerloftEsn oDrsHA' 15. Jurisdiction of CourtK 038397

Legal proceedings, if any, shall be subject to Bhubaneswar jurisdiction only.

16. Applicability of the provision of RFP and SOP

ln absence of any specific provisions in this agreement on any issue, which is otherwisecovered under the RFP, Corrigendum to the RFP and the SOP then, the provisions thereunder shall be applicable.

ln witness whereof the parties hereto have set their hands on the 9th day of November,

I

I

I

I

I

I

I

I

t;c0oxDt

srufl [EfbryrthEt€i,l&tlB"

For and on behalf of the G

Signatu reh.

Date:

1. Witness

Name:Address:

2. Witness

iderirector

H,4,

Date:

Witness No.1.

e,;"-<-*"^", Cifftilr, &ir,al )Address: dat'Qlao., r D(O fov0el\,'4}.p*,n9at>--.

Witness trto.Z. D

*,,", ({b kqtalrt Ju'A'XIII,,-*+rr FLDoq ,tJ.Co 7bw

&0,;-TYlr^nal &a

^"b'''I /rYlL . t+t+t'l,Acdt. t',lissf$#6iiec : :y, |.tHM, odisho

xr::,,{ffilii'pil Uan, *7 _1."

Jolnt Dlrectot lFhance)}{HT' ODISHA

OSH & FWS.H & Fw DcPt'

Btlve*t+Eswtti'

EL

t

'r.^

ql

qqi

oo

I

,

n

E

oUloo

N

't

I

Ilofrl r)I OO-t OOI Oc).1oo-5 0<t -t

-c)oI NON JU

ss Wr- Rs I

Vtqcl v1. b' X ar-r_*I

OO ,nl

$l)hoo"'

, " a,.:I ,,

93:l5ft6rJ iIrl HUdfirSiwr

!.:. J r."; I

. rt,

I

{

I

k-/ /t-,M

2t'W